Austereo try court block over ACMA ruling on royal radio prank call

Southern Cross Austereo, parent company of Sydney radio station Today FM, have launched court action to stop the media watchdog from ruling it was in breach of its license by recording the now infamous royal prank call.

The Australian Media and Communications Authority had been expected to rule on its six-month investigation into the hoax call controversy as soon as next week, prompting lawyers for Today FM to commence proceedings in the Federal Court two days ago seeking to prevent ACMA from making any finding specifically relating to the recording of the call.

In a statement, Southern Cross claimed ACMA had "no power to investigate whether the recording of a telephone call breaches state or federal laws and the agencies which do have that power have not conducted an investigation or sought any information from Today FM...(which) also considers that the recording of the prank call did not breach any law."

It is understood SCA has previously co-operated with ACMA's request for further information relating to the incident, which made worldwide headlines after the suicide of Jacintha Saldanha, a nurse who connected the prank call to the hospital ward where Kate, Duchess of Cambridge, was being treated for morning sickness.

GRIEF: The family of nurse Jacintha Saldanha, who took her life after the 2DayFM royal prank call. Picture: Getty Images

After a period off air, Christian has since returned to work at Fox FM, an affiliate station to Today, in Melbourne, but Greig remains on stress leave.

ACMA used its powers to launch an investigation into possible breaches of the broadcasting code and the compliance of licensee, Today FM Sydney.

Austereo tries to gag watchdogSource:News Limited

Responding to Austereo's court action, ACMA said it "intends to contest Today FM's application,'' given its ongoing consideration that the radio network breached the condition of its licence that a licensee must not use its broadcasting service in the commission of an offence (citing clauses of the Broadcasting Act and the Surveillance Devices Act).

Also at issue will be whether local authorities have jurisdiction to apply local listening devices laws when the hospital, royals and two nurses involved were in Britain.

ACMA said: "as this matter is before the Federal Court, the ACMA will not be making any further comment at this time about the investigation or the proceedings."